Court Strikes Down TSC Hiring Policy on Intern Teachers
On Wednesday, Justice Bryrum Ongaya declared that the Teachers Service commission (TSC) had violated the intern teachers’ right to fair labor practices because they are qualified and hold teaching licenses.
Justice Ongaya ruled that because the commission‘s mandate restricts employment to only competent and registered individuals, it cannot hire, engage, or employ student-teachers or interns.
“The respondents have not exhibited statutory regulatory or policy arrangements that would entitle the first respondent (TSC) to employ interns. Ideally, the first respondent should employ registered teachers on terms that are not discriminatory and to meet the optimal staffing needs in public schools,” Justice Ongaya said.
Initially, the interns were promised a revision of their contract to permanent and pensionable terms and the conclusion of their first year of service, but President Ruto stated in December of last year that they must labor for another year if they are considered for employment.
The ruling also condemns the treatment of children’s educational quality and rights, with the court expressing worry over the government’s use of pupils as “test guinea pigs” to try the new CBC system.
Justice Ongaya’s viewpoints underscored the importance of not hiding employment to circumvent legal and constitutional protections.
“Employment is a fact established by evidence,” the court said, “and disguising employment as an internship to escape the effect of employment laws cannot pass the chains of social justice in employment or work relationships.”
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The Forum for Good Governance and Human Rights filed the action, alleging that the TSC and other respondents, including the Cabinet Secretary for the Ministry of Education and the Attorney General, failed to create a lawful framework for intern employment.
Under President William Ruto‘s administration, 56,000 intern teachers are employed.
In February, TSC Secretary General and CEO Nancy Macharia announced plans to hire 20,000 extra interns in July.
Court Strikes Down TSC Hiring Policy on Intern Teachers
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